Samsung Claims That iPads Are Stolen From Kubrick

It’s fascinating to examine the point at which an element of science fiction actually comes true. Apple is in a legal struggle with Samsung to prevent it from selling tablet devices that resemble the iPad. Samsung’s defense: The iPad is in fact ripped off from a tablet design created by Stanley Kubrick for 1968’s 2001: A Space Odyssey. FOSS Patents writes:

Late last night, Samsung filed its opposition brief to Apple’s motion for a preliminary injunction in the United States.

One element of Samsung’s defense strategy is interesting enough that I wanted to report on it beforehand. Ever since Apple started to assert the design of the iPad against other manufacturers, many people have been wondering whether there’s actually prior art for the general design of the iPad in some futuristic devices shown in sci-fi movies and TV series. And indeed, Samsung’s lawyers make this claim now in their defense against Apple’s motion for a preliminary injunction.

This is how the related declaration explains why this movie picture is valid prior art for a certain iPad-related design patent:

Attached hereto as Exhibit D is a true and correct copy of a still image taken from Stanley Kubrick’s 1968 film “2001: A Space Odyssey.” In a clip from that film lasting about one minute, two astronauts are eating and at the same time using personal tablet computers…As with the design claimed by the D’889 Patent, the tablet disclosed in the clip has an overall rectangular shape with a dominant display screen, narrow borders, a predominately flat front surface, a flat back surface (which is evident because the tablets are lying flat on the table’s surface), and a thin form factor.

It would be amazing if the court agreed with Samsung that this constitutes prior art for that particular iPad-related design patent. Whether or not Samsung will succeed, the mere fact that they proffer this kind of evidence is remarkable and will be exciting for many fans of movies in general — and of that movie in particular — to find out about.

Well, this is pretty silly. Is White Castle going to now sue Krystals because White Castle made their square shaped hamburgers first?

If Apple keeps up this sort of meanspiritedness, ye gods might…dunno…smite their CEO with illness or something.

Vigilantius

Well, this is pretty silly. Is White Castle going to now sue Krystals because White Castle made their square shaped hamburgers first?

If Apple keeps up this sort of meanspiritedness, ye gods might…dunno…smite their CEO with illness or something.

Jaymalls

How did GOD get into this conversation??? Its all business at the end of the day… if people dont like it then find a better phone/tablet/laptop/desktop/etc. You guys sound like Galaxy Tab users…

P.S. Comparing a White Castle BURGER to a Apple IPAD is amusing, to say the least!

daengbo

They can’t find a better tablet in Germany, because there’s an injunction against selling any rectangular tablet with a bevel. For all intents and purposes, the iPad is the only modern tablet on the market.

Efffin

You get a D in reading comprehension.

Jaymalls

Not even a D+ professor??? How about this… i’ll give you your mom’s dentures back, if i can get that “+”… what you say???

derpityderp

You obviously didn’t get the (quite obnoxious but, for some reason, hilarious) joke

Rob Pugh

Surprised they didn’t go with the STTNG prior, even Time noted that one – http://newsfeed.time.com/2010/08/13/did-star-trek-the-next-generation-inspire-the-ipad/ & here http://arstechnica.com/apple/news/2010/08/how-star-trek-artists-imagined-the-ipad-23-years-ago.ars

Rob Pugh

Surprised they didn’t go with the STTNG prior, even Time noted that one – http://newsfeed.time.com/2010/08/13/did-star-trek-the-next-generation-inspire-the-ipad/ & here http://arstechnica.com/apple/news/2010/08/how-star-trek-artists-imagined-the-ipad-23-years-ago.ars

http://www.facebook.com/john.bonanno666 John Bonanno

There are uncounted uninvented inventions to be found in science fiction. This will be an important precedent in deciding how protected will be the general design functions of new products.

http://johnnyb93.blogspot.com/ johnbonanno

There are uncounted uninvented inventions to be found in science fiction. This will be an important precedent in deciding how protected will be the general design functions of new products.

http://twitter.com/Marklar_Prime Marklar Kronkite

Granting a patent for what amounts to a thin rectangle just shows the absurdity of the modern patent office habit of grabbing their ankles anytime corporate America barks. One of the supposed requirements for receiving a patent is sometimes called the “obviousness clause” which basically states that a patent must be unique and creative rather than being obvious. Today’s patent office however could probably be convinced to give Obama a patent on African American Presidency if on of the fortune 500 were backing him up on it.

Just another example of common sense being entirely entirely thrown out the window in favor of authoritarian corporatism.

Marklar_Prime

Granting a patent for what amounts to a thin rectangle just shows the absurdity of the modern patent office habit of grabbing their ankles anytime corporate America barks. One of the supposed requirements for receiving a patent is sometimes called the “obviousness clause” which basically states that a patent must be unique and creative rather than being obvious. Today’s patent office however could probably be convinced to give Obama a patent on African American Presidency if on of the fortune 500 were backing him up on it.

Just another example of common sense being entirely entirely thrown out the window in favor of authoritarian corporatism.

LucidDreamR

….I still have yet to understand why it’s called “common” sense; sure doesn’t seem too common to me….. Quite the contrary these days!

iPINCH

common nonsense

Anonymous

Oh, of course, your dick. The movie makes so much more sense now.

http://www.facebook.com/shaunehunter Shaun Hunter

How did people forget that the iPad was not the first tablet PC? Bill Gates unveiled the Windows tablet in 2000. Also the Samsung Galaxy and the iPad cannot be confused at first glance. Apple’s just mad that the people they licence their technology from are selling a similar product of their own.

http://www.facebook.com/shaunehunter Shaun Hunter

How did people forget that the iPad was not the first tablet PC? Bill Gates unveiled the Windows tablet in 2000. Also the Samsung Galaxy and the iPad cannot be confused at first glance. Apple’s just mad that the people they licence their technology from are selling a similar product of their own.

iPINCH

Oh apple stop showing your faults. Its not by destroying the competition that you make things better for yourself. People want tablets and some people want a tablet that is not from apple for obvious reasons. Simple supply and demand. This type of greed is not popular with truly sophisticated people. It is with those that pretend they are nice and sophisticated but have vial agendas behind their facade. Who wants to buy my Ipod shuffle, it was the only thing i liked from them and now i dont not like it anymore for obvious reasons.

iPINCH

Oh apple stop showing your faults. Its not by destroying the competition that you make things better for yourself. People want tablets and some people want a tablet that is not from apple for obvious reasons. Simple supply and demand. This type of greed is not popular with truly sophisticated people. It is with those that pretend they are nice and sophisticated but have vial agendas behind their facade. Who wants to buy my Ipod shuffle, it was the only thing i liked from them and now i dont not like it anymore for obvious reasons.

Okarin

apple wants to beat microsoft in everyway, even in the anti-competitive practices

LucidDreamR

….I still have yet to understand why it’s called “common” sense; sure doesn’t seem too common to me….. Quite the contrary these days!

Okarin

apple wants to beat microsoft in everyway, even in the anti-competitive practices

iPINCH

common nonsense

Anonymous

When Apple comes out with the Apple TV, Samsung should sue Apple for making TV’s in the same general shape and form that they do. I am photographer and even in my line of work I think that intellectual property rights are a bit overused. Did you know that if someone takes a photograph and copyrights it, it is illegal for you to go to the same spot and take a photograph that too closely mimics a copyrighted image. It is also illegal to take a picture of the Eiffel Tower at night and sell it. You can take a pic of it during the day, but, since the lights on it were added within the range of copyright, the company that put the lights up claims ownership of the lighting design and will sue you.
This one takes the cake though. Did you know that certain companies like Pantone actually own copyrights on individual colors. If you use a color they they have copyrighted in your work you can be sued. Most people will never get a call from Pantone, but, advertising companies get sued all the time for using “unauthorized” colors in their work. It usually means the tone just has to be changed slightly, still, it doesn’t take away from how stupid the whole idea of copyrighting a color is.

pixelbrine2

When Apple comes out with the Apple TV, Samsung should sue Apple for making TV’s in the same general shape and form that they do. I am photographer and even in my line of work I think that intellectual property rights are a bit overused. Did you know that if someone takes a photograph and copyrights it, it is illegal for you to go to the same spot and take a photograph that too closely mimics a copyrighted image. It is also illegal to take a picture of the Eiffel Tower at night and sell it. You can take a pic of it during the day, but, since the lights on it were added within the range of copyright, the company that put the lights up claims ownership of the lighting design and will sue you.
This one takes the cake though. Did you know that certain companies like Pantone actually own copyrights on individual colors. If you use a color that they have copyrighted in your work you can be sued. Most people will never get a call from Pantone, but, advertising companies get sued all the time for using “unauthorized” colors in their work. It usually means the tone just has to be changed slightly, still, it doesn’t take away from how stupid the whole idea of copyrighting a color is.

Earaches

Question: did the company that owns the lights on the tower actually win any lawsuits? You can sue anybody over anything, it doesn’t make it law. It would be nice if creators had the funds to take these vultures’ intimidation tactics to their logical – and unprofitable – conclusion (never mind this is in France and not the U.S.). As far as the Pantone issue, ad agencies and printers use Pantone’s information as an industry standard – often taking money saving “shortcuts” to recreate those colors – and setting themselves up for such legal actions.

Rodneypopper

Those “tablets” were closer to a table-top Pac-Man looking thing than a computer… they’re built into the god-damn table for heavens sakes!

Rodneypopper

Those “tablets” were closer to a table-top Pac-Man looking thing than a computer… they’re built into the god-damn table for heavens sakes!

Pasirard

Wake up people those arent computer tablets.
Its actually tv screens integrated in the the table design. It will be easy to prove this by looking at the design blueprints of the movie. Wtf Samsung are you this desperate?

Pasirard

Wake up people those arent computer tablets.
Its actually tv screens integrated in the the table design. It will be easy to prove this by looking at the design blueprints of the movie. Wtf Samsung are you this desperate?

daengbo

The suit is about a design patent (i.e. how something looks). It doesn’t matter how or even whether it works. It’s strictly about appearance. Moot, though. The German court decided against Samsung.

Anonymous

How did GOD get into this conversation??? Its all business at the end of the day… if people dont like it then find a better phone/tablet/laptop/desktop/etc. You guys sound like Galaxy Tab users…

P.S. Comparing a White Castle BURGER to a Apple IPAD is amusing, to say the least!

Earaches

Question: did the company that owns the lights on the tower actually win any lawsuits? You can sue anybody over anything, it doesn’t make it law. It would be nice if creators had the funds to take these vultures’ intimidation tactics to their logical – and unprofitable – conclusion (never mind this is in France and not the U.S.). As far as the Pantone issue, ad agencies and printers use Pantone’s information as an industry standard – often taking money saving “shortcuts” to recreate those colors – and setting themselves up for such legal actions.

Earaches

Question: did the company that owns the lights on the tower actually win any lawsuits? You can sue anybody over anything, it doesn’t make it law. It would be nice if creators had the funds to take these vultures’ intimidation tactics to their logical – and unprofitable – conclusion (never mind this is in France and not the U.S.). As far as the Pantone issue, ad agencies and printers use Pantone’s information as an industry standard – often taking money saving “shortcuts” to recreate those colors – and setting themselves up for such legal actions.

Earaches

Question: did the company that owns the lights on the tower actually win any lawsuits? You can sue anybody over anything, it doesn’t make it law. It would be nice if creators had the funds to take these vultures’ intimidation tactics to their logical – and unprofitable – conclusion (never mind this is in France and not the U.S.). As far as the Pantone issue, ad agencies and printers use Pantone’s information as an industry standard – often taking money saving “shortcuts” to recreate those colors – and setting themselves up for such legal actions.

http://profiles.google.com/daengbo Daniel Bo

They can’t find a better tablet in Germany, because there’s an injunction against selling any rectangular tablet with a bevel. For all intents and purposes, the iPad is the only modern tablet on the market.

http://profiles.google.com/daengbo Daniel Bo

The suit is about a design patent (i.e. how something looks). It doesn’t matter how or even whether it works. It’s strictly about appearance. Moot, though. The German court decided against Samsung.

Efffin

You get a D in reading comprehension.

Anonymous

Not even a D+ professor??? How about this… i’ll give you your mom’s dentures back, if i can get that “+”… what you say???

Anonymous

You obviously didn’t get the (quite obnoxious but, for some reason, hilarious) joke